IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.51378 OF 2019 (KLR-RES) BETWEEN:
1. SRI. GABRIEL S/O LATE SHOWRI AGED ABOUT 59 YEARS RESIDING AT NO.G.186 6TH MAIN, OLD TOWNSHIP VIMANAPURA POST H.A.L COLONY BENGALURU-560017 2. SRI. G.A. SURESHA S/O C. ANJANAPPA AGED ABOUT 62 YEARS RESIDING AT NO.265 2ND MAIN, VIDHYA NAGAR T.DASARAHALLI TUMKUR ROAD BENGALURU-560 057 3. SRI. G.S. NANJUNDA SWAMY S/O G.L. SRINIVASA MURTHY AGED ABOUT 59 YEARS RESIDING AT C/O R. SOMASHEKHAR UPSTAIRS, NO.223, 37TH ‘A’ CROSS 9TH BLOCK, JAYANAGAR BENGALURU-560 009 4. SRI. S. RAMACHANDRUDU S/O SRI. S. AKKAMANAIDU AGED ABOUT 75 YEARS RESIDING AT NO.65, 8TH ‘B’ MAIN 4TH BLOCK WEST JAYANAGAR BENGALURU-560 011 5. SRI. K. JEGANATHAN S/O KARUPPANNAN AGED ABOUT 68 YEARS RESIDING AT NO.GBJ.265 10TH CROSS, HAL TOWNSHIP MARATHAHALLI BENGALURU-560 037 6. SRI. RAGHU H EDALUR S/O LATE HANUMANTHAIAH K AGED ABOUT 53 YEARS RESIDING AT NO.300 PEMBROKE COURT SAN RAMON, CA-94566 USA REPRESENTED BY HIS MOTHER AS POWER OF ATTORNEY HOLDER SMT. RAJAMMA W/O LATE HANUMANTHAIAH K AGED ABOUT 71 YEARS RESIDING AT NO.212, “THARA NILAYA” 7TH CROSS, WEST OF CHORD ROAD KURUBARAHALLI BENGALURU-560 086 7. SRI. G. GOPALA KRISHNAIAH S/O GOVINDAIAH AGED ABOUT 42 YEARS RESIDING AT NO.20/B NEW MIG, 6TH MAIN 2ND STAGE, K.H.B COLONY BENGALURU-560 079 8. SMT. A. SAVITRI W/O LATE ANANTA RAMAIAH AGED ABOUT 58 YEARS RESIDING AT NO.1839 7TH CROSS, 20TH MAIN 2ND PHASE, J.P.NAGAR BENGALURU-560 078 …PETITIONERS (BY SHRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETRAY REVENUE DEPARTMENT M.S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560 001 2. PRINCIPAL SECRETARY HOUSING AND URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA BENGALURU-560 001 3. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT KANDAYA BHAVAN KEMPEGOWDA ROAD BENGALURU-560 009 4. THE SPECIAL LAND ACQUISITION OFFICER OFFICE OF THE SPECIAL LAND ACQUISITION OFFICER 3RD FLOOR, PODIUM BLOCK VISVESWARAIAH TOWER DR. AMBEDKAR VEEDHI BENGALURU-560 001 5. THE JOINT DIRECTOR OF LAND RECORDS AND SURVEY SETTLEMENT AND ENQUIRY OFFICER URBAN SURVEY WING SOUTH ZONE OFFICE OF THE COMMISSIONER OF LAND RECORDS AND SURVEY SETTLEMENT K.R.CIRCLE NRUPATHUGNA ROAD BENGALURU-560 001 6. THE TAHSILDAR ANEKAL TALUK ANEKAL-560 068 7. THE AIRCRAFT EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY LTD NO.15, 1ST CROSS, C.K.C GARDEN OPP H.C.G HOSPITAL K.H. ROAD BENGALURU-560 027 REPRESENTED BY ITS SECRETARY 8. SMT. MUNILAKSHMAMMA W/O LATE SARAKKI VENKATAPPA AGED ABOUT 80 YEARS 9. SMT. RAJAMMA D/O LATE SARAKKI VENKATAPPA AGED ABOUT 61 YEARS 10. SRI. RANGARAJU S/O LATE SARAKKI VENKATAPPA AGED ABOUT 59 YEARS 11. SMT. VARSHA D/O RANGARAJU AGED ABOUT 27 YEARS 12. SRI. RAHUL S/O RANGARAJU AGED ABOUT 24 YEARS 13. SRI. MANJUNATH S/O LATE SARAKKI VENAKTAPPA AGED ABOUT 57 YEARS 14. SRI. SAGAR S/O MANJUNATH AGED ABOUT 26 YEARS 15. SMT. SWATHI D/O SRI. MANJUNATH AGED ABOUT 23 YEARS 16. SRI. PRAKASH BABU S/O LATE SARAKKI VENKATAPPA AGED ABOUT 55 YEARS 17. SRI. LALITHAMMA D/O LATE SARAKKI VENKATAPPA AGED ABOUT 52 YEARS 18. SRI. SRINIVASA REDDY S/O LATE SARAKKI VENAKTAPPA AGED ABOUT 49 YEARS 19. SMT. SUDHARANI D/O LATE SARAKKI VENKATAPPA AGED ABOUT 59 YEARS RESPONDENTS NO.8 TO 19 ARE REPRESENTED BY THEIR GPA HOLDER M/S T.G. ARTE CONSTRUCTION A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.46/4 (OLD SY NO.46/3) 8TH CROSS, AECS LAYOUT KUDLU VILLAGE SARJAPURA HOBLI ANEKAL TALUK BENGALURU-560 068 REPRESENTED BY ITS PARTNER MR. SANDEEP KUMAR S S/O B.M. SURESH AGED ABOUT 34 YEARS 20. M/S T.G. ARTE CONSTRUCTION A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.46/4 (OLD SY NO.46/3) 8TH CROSS, AECS LAYOUT KUDLU VILLAGE SARJAPURA HOBLI ANEKAL TALUK BENGALURU-560 068 REPRESENTED BY ITS PARTNER MR. SANDEEP KUMAR S S/O B.M. SURESH AGED ABOUT 34 YEARS RESIDING AT NO.3/5 T.G. RESIDENCY DEVARACHIKKANAHALLI MAIN ROAD BHANNERUGATTA ROAD BENGALURU-560 069 ... RESPONDENTS (BY SHRI. Y.D. HARSHA, AGA FOR R1 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE JOINT DIRECTOR OF LAND RECORDS AND SURVEY SETTLEMENT AND THE ENQUIRY OFFICER, THE R-5 HEREIN WHO HAS BEEN AUTHORIZED TO CONDUCT THE ENQUIRY AS REGARDS CREATION OF TAMPERED SURVEY SKETCH AND DOCUMENTS TO COMPLETE THE ENQUIRY WITHIN 1 MONTH AND ETC,.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri Shivaprasad Shantanagoudar, learned advocate for the petitioners and Shri Y.D.Harsha, learned AGA for the State.
2. Shri. Shivaprasad submitted that the private respondents namely respondents No.8 to 19, who were erstwhile owners of the property acquired by respondent No.7 from whom petitioners have purchased residential sites have got revenue records tampered. Enquiry by the Joint Director of the Land Revenue, South Zone, Bengaluru, is in progress and preliminary enquiry has been conducted in May, 2019. In view of the fact that land records have been tampered with, the aforesaid private respondents are making efforts to illegally occupy the property which was acquired by the Government. Thus, petitioners’ possession is being threatened. Accordingly, he prays that a direction be issued to the Joint Director of Land Reforms to complete the enquiry expeditiously.
3. Learned AGA submits that enquiry will be completed expeditiously within an outer limit of three months from the date of receipt of a copy of this order. His submission is placed on record.
Ordered accordingly. Petition disposed of. No costs.
Sd/- JUDGE AV